Human Rights & Health

Categorías

Both the United Nations and the Inter-American systems for
the protection of human rights have a significant body of legal instruments
that can be used to protect the right to the enjoyment of the highest
attainable standard of health (“right to health”) and other related human rights
and fundamental freedoms of vulnerable groups.
Human rights and fundamental freedoms have emerged from universal and
regional conventions, treaties, covenants and protocols which are considered legally
binding for States that have ratified them. Universal and regional human rights
“standards” such as declarations, principles and technical guidelines —although
not legally binding-, are considered to be an authoritative interpretation of
international convention (and treaty) requirements and represent a consensus of
international opinion. In most cases
these “standards” or “soft law”, are issued by the United Nations General
Assembly or Council of Human Rights, by the Inter-American Commission on Human
Rights (IACHR) of the Organization of American States (OAS) or specialized
United Nations and Inter-American System agencies. As such, “standards” or “guidelines” can be
used to guide the formulation and/or review of national policies, plans or
programs; the enactment of pertinent legislation and to steer the restructure
of health services to benefit vulnerable groups. Some relevant instruments in the context of
the right to health and other related human rights and fundamental freedoms can
be found in the following section: